20 AGREEMENT
TO MAINTAIN EASEMENT
c:CL.
THIS AGREEMENT is made and entered into as of the / day of /77) I7 ,2004,
by and between SCIENCE CENTER DRIVE,LLC("Developer")and the CITY OF NEW HOPE,a
Minnesota municipal corporation("City").
WITNESSETH:
WHEREAS, the Developer owns certain real property located in the City of New Hope,
County of Hennepin, State of Minnesota, legally described as:
Lot 1, Block 1, Science Industry Center 4th Addition
WHEREAS, the Developer's predecessors in title granted to the City certain drainage
easements over a portion of the Property as dedicated in the plat of Science Industry Center 4th
Addition; and
WHEREAS, the real estate adjacent to the Property to the West is also subject to certain
drainage easements in favor of the City as dedicated in the plat of Science Industry Center and
depicted on Exhibit A attached hereto, (collectively the "Easements"); and
WHEREAS, the Property is suitable with the Shingle Creek Watershed District, and
permanent provisions for handling of storm runoff, including provisions for operation and
maintenance of all stormwater runoff facilities and ponds,are required,and such provisions are to be
set forth in an agreement to be recorded in the real estate records; and
WHEREAS, the City has given approval to the Developer's proposed construction of an
approximately 21,600 square foot office/warehouse building(the"Project")subject to compliance by
the Developer with certain conditions,including entering into an easement maintenance agreement
with the City;
NOW,THEREFORE,in consideration of mutual covenants of the parties set forth herein and
other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Maintenance of the Pond. The Developer and its successor or assigns as fee owner of
the Property shall be responsible for maintaining the Easements and observing all Drainage Laws
governing the operation and maintenance of the Easements. The Developer shall provide the City
with a schedule acceptable to the City for inspection of the Easements and outlet control structure.
The Developer shall make all such scheduled inspections, keep record of all inspections and
maintenance activities,and submit such records annually to the City.The cost of all inspections and
maintenance, including skimming and cleaning of the Easements, shall be the obligation of the
Developer and its successors or assigns as the fee owner of the Property.
2. City's Maintenance Rights.The City may maintain the Easements,as provided in this
paragraph,if the City reasonably believes that the Developer or its successors or assigns have failed
to maintain the Easements in accordance with applicable Drainage Laws, and such failure shall
continue for thirty(30)days after the City shall give the Developer written notice of such failure.The
City's notice shall specifically state which maintenance tasks are to be performed.If Developer shall
not complete the maintenance tasks within thirty(30)days after such notice is given by the City,the
City shall have the right to enter upon the Easement to perform such maintenance tasks.In such case,
the City shall send an invoice of its reasonable maintenance costs to the Developer or its successors
or assigns, who shall pay said costs within thirty (30) days of receipt of said invoice.
Notwithstanding the foregoing,in the event to an emergency,as determined by the City Engineer,the
thirty(30)-day notice requirement to the Developer for failure to perform maintenance tasks shall be
and hereby is waived in its entirety by the Developer,and the Developer shall reimburse the City for
any expense so incurred by the City in the same manner as if written notice as described above has
been given.
3. Hold Harmless.The Developer agrees to indemnify and hold harmless the City and its
agents and employees against any and all claims,demands,losses,damages,and expenses(including
reasonable attorneys' fees)arising out of or resulting from the Developer's or the Developer's agents
or employee's negligent or intentional acts, or any violation of any safety law,
regulation or code in the performance of this Agreement,without regard to any inspection or review
made or not made by the City,its agents or employees or failure by the City, its agents or employees
to take any other prudent precautions. In the event the City, upon the failure of the Developer to
comply with any conditions of this Agreement,performs said conditions pursuant to its authority in
this Agreement,the Developer shall indemnify and hold harmless the City,its employees,agents and
representatives for its own negligent acts in the performance of the Developer's required work under
this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts.
4. Costs of Enforcement. The Developer agrees to reimburse the City for all costs
incurred by the City in the enforcement of this Agreement, or any portion thereof, including court
costs and reasonable attorneys' fees.
5. Notice.All notices required under this Agreement shall either be personally delivered
or be sent by certified or registered mail and addressed as follows:
To the Developer: Science Center Drive, LLC
e '/GC / .Se_/fE
New Hope, MN 353427- SS•,ice
Attn: Loraine M. Tieva
2
To the City: City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
All notices given hereunder shall be deemed given when personally delivered or two (2) business
days after being placed in the mail properly addressed as provided herein.
6. Successors.All duties and obligations of Developer under this Agreement shall also
be duties and obligations of Developer's successors and assigns.
7. Effective Date. This Agreement shall be binding and effective as of the date hereof.
DEVELOPER:
SCIENCE CENTER DRIVE, LLC
a Minnesota limited liability company
By: 797-N1
Its: Chief Manager
CITY OF NEW HOPE
a Minnesota municipal corporation
By: ! _
Its: Ma or
y. or �1
It'. y Manager
3
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ` i-11- day of NO V 5-
-2004-,
-2904-,by Loraine M. Tieva, the Chief Manager of Science Center Drive,LLC, a Minnesota limited
liability company, on behalf of said limited liability company.
MY cow co 1414a
rIpTAAY PUAIfC ISA
Ndtary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
5 The foregoing instrument was acknowledged before me this // day of AkU
2004, by /94,2i-P/7 a11/21-Sd and c.<u t-/J L15.)t tivi , the Mayor and City
Manager of the City of New Hope,a Minnesota municipal corporation, on behalf of said municipal
corporation.
ti VALERIE LEONE CZ.�-tAe6i)-)--LL
is
NOTARY PUBLIC M1NNESOTA Notary Public
My Commission Expires Jan.31,2010 ti
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Schoen & f�Jfads®n9 Inc. -, Client:
Engineering ° Surveying ® Planning
-. Soil Testing 0 Environmental Services
www-schoelimadson.com
\ 10580 Wayzata Boulevard
i I Minneapolis, Minnesota 55305-1525